Where you and your ex have children and you sign a Minute of Agreement following separation or divorce, you might notice that the section about child maintenance includes a phrase such as:
“This clause is subject to the terms of the Child Support Act 1991, the Child Support Act 1995, the Child Support, Pensions and Social Security Act 2000, and the Child Maintenance and Other Payments Act 2008.”
If you’ve wondered why several Acts are listed — and what that means for your child maintenance arrangements — here’s a clear explanation.
The Child Support System in Scotland
The Child Support Act 1991 created a statutory scheme for assessing and collecting maintenance, initially through the Child Support Agency (CSA) and now through the Child Maintenance Service (CMS).
Under this law, either parent can apply to the CMS for a formal calculation of maintenance. Once that happens, the CMS’s decision overrides any private or court-based agreement about the amount payable.
Why a Minute of Agreement would Mention the Child Support Acts
Solicitors include wording like “subject to the terms of the Child Support Acts and any amendments thereafter” in a Minute of Agreement to make sure the document stays legally valid and consistent with current law.
There are three main reasons:
1. The Child Support Acts take precedence
Even if you and your former partner agree a maintenance figure privately, either of you can later apply to the CMS. When that happens, the CMS calculation replaces the agreed amount (after a short transition period).
The clause acknowledges that reality – it ensures the agreement doesn’t conflict with the law.
2. The legislation has changed over time
A. Child Support Act 1991
- Created the statutory child maintenance system, removing most maintenance assessments from the courts.
- Established the Child Support Agency (CSA) to calculate and enforce maintenance using a set formula.
- Allowed either parent to apply for an assessment, overriding private or court-based agreements.
🔹 Why it matters:
This Act is still the cornerstone of the system. Later Acts amend or replace parts of it, but they all operate under the framework of the 1991 Act. That’s why solicitors still refer to it by name in legal drafting.
B. Child Support Act 1995
- Tweaked the 1991 scheme to improve administration and compliance.
- Strengthened the CSA’s enforcement powers (such as deductions from earnings orders).
- Addressed criticisms about delays and complexity.
🔹 Impact:
Made the system more robust, but didn’t change the fundamental structure, so assessments and enforcement still flowed from the 1991 Act.
C. Child Support, Pensions and Social Security Act 2000
- Introduced a new calculation formula, based on a percentage of the non-resident parent’s net income, rather than the old complex needs-based model.
- Streamlined procedures and allowed some parents to stay with private agreements rather than being forced into the statutory system.
- Paved the way for later transition to the Child Maintenance and Enforcement Commission (CMEC).
🔹 Impact:
Shifted to a simpler, more predictable calculation model, but still anchored in the 1991 framework.
D. Child Maintenance and Other Payments Act 2008
- Abolished the CSA and transferred responsibility to the Child Maintenance Service (CMS).
- Created a new “gross income” calculation system, based on HMRC data.
- Introduced the family-based arrangement option, encouraging parents to agree payments voluntarily.
- Strengthened enforcement powers (e.g. deductions from bank accounts, passport confiscation).
🔹 Impact:
Modernised the system and made it more effective, but once again, the underlying statutory basis remains the 1991 Act as amended.
By listing all of these Acts, the agreement covers every version of the statutory scheme, from the old CSA to today’s CMS, and the agreement remains legally sound if the system changes again.
3. It future-proofs your agreement
Instead of naming each Act separately, some solicitors now write:
“This clause is subject to the provisions of the Child Support Acts 1991 to 2008 and any statutory modification or re-enactment thereof.”
That tidy phrase ensures the clause will still apply if Parliament amends or replaces the legislation in the future.
What the Clause Means in Practice
If neither parent applies to the CMS, your Minute of Agreement remains binding and the agreed maintenance figure continues to apply.
However, if an application is made, the CMS calculation supersedes the contractual amount. You can’t “contract out” of the statutory system — that right is built into UK law.
Including the clause simply ensures everyone understands and accepts that position from the outset.
Related Reading
For more information on how child maintenance and family agreements work in Scotland, see our related guides:
- Child Maintenance in Scotland – How Payments Are Calculated
- Agreements on Financial Provision in Scotland
- Agreements on Aliment in Scotland
- Exclusion Orders in Scotland
Expert Advice from XK Family Law Solicitors Aberdeen
At XK Family Law Solicitors, we regularly draft and review Minutes of Agreement covering child maintenance, property division and other financial matters following separation.
If you would like advice about how the Child Support Acts affect your agreement, or whether to apply to the Child Maintenance Service, or if you require a Minute of Agreement, please contact us for clear, confidential guidance.
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.